Chapter 10: How Can a Bank Prove That the Bank's Money Belongs to the Bank?
Li Mo raised his hand and submitted a request to the presiding judge.
Yu Caixia looked toward the defendant's side, that is, in the direction of Li Mo.
"If the defendant's counsel has any questions, they may raise them in court."
Li Mo took a deep breath and took out the first instance judgment: "Presiding Judge, I request the rejection of the statement made by the plaintiff's counsel."
"State the grounds for the request."
Li Mo handed the first instance judgment in his hand to the staff member beside him, and after seeing Yu Caixia receive it, he spoke in a serious tone.
"Just now, the plaintiff's counsel, namely Su Bai from the Baijun law Firm, expressed dissatisfaction with the judgment of the Nandu Primary Court in the first instance and presented corresponding reasons, however, plaintiff's counsel Su Bai avoided the essential points and emphasized only the first two points of the judgment while deliberately ignoring the subsequent points."
"The third point of the judgment is that the Nandu Primary Court determined that Wang Li, despite clearly knowing that the money was property belonging to the bank, nevertheless chose to use this property to go to the hospital to make payment."
"The party Wang Li already described very clearly in his previous statement that after leaving the bank and having already escaped danger, he still chose to take the money to the hospital for payment, and based on this point it can be determined that this was Wang Li's own subjective judgment."
"Rather than what plaintiff's counsel Su Bai described as Wang Li acting under a situation of necessity to avoid danger, I would like to ask plaintiff's counsel, when your client clearly knew that the money belonged to the bank, why did he choose to go to the hospital instead of calling the police and handing over the bank's money?"
"Alternatively, why did he not wait until he had completely reached a safe location before returning the money."
"However, Wang Li nevertheless chose to use the money to pay hospital expenses."
"This indicates that!"
"First, he knew that the money had been taken from the bank, and second, even if the kidnappers had threatened him, at the moment he left the bank Wang Li had already escaped danger and therefore did not meet the conditions for necessity to avoid danger."
"Taken together, does this not from the perspective of subjective intent amount to taking the bank's money to rescue his own father?"
"Of course, I understand that this is human nature, and I do not deny Wang Li's emotional concern and affection for his father."
"However, from the perspective of facts and law, there is no problem whatsoever with the judgment against Wang Li."
"Presiding Judge, my statement is concluded."
After finishing speaking, Li Mo glanced in the direction of Su Bai, and the final sentence had been added by him temporarily.
He also understood that this case had generated significant public opinion influence, so while winning the lawsuit he also had to pay attention to the impact of public opinion.
Otherwise, even if the case were won after its conclusion, the reputation of Nandu Bank would still suffer substantial damage.
Yu Caixia nodded slightly.
"Does the plaintiff have any opinions regarding the defendant's counterargument or any different viewpoints to raise?"
Li Mo cast a provocative glance at Su Bai.
A slight smile appeared at the corner of Su Bai's mouth, this was precisely the moment he had been waiting for.
The time to overturn Nandu Bank had already arrived.
"Presiding Judge, I have no objection to what the defendant has raised, the defendant's counsel is correct based on his viewpoint, however there is one point that the defendant's counsel has overlooked."
"I would like to ask the defendant's counsel, how do you determine that the money in Wang Li's possession belongs to the bank, and is there any evidence proving that the money belongs to the bank?"
"The defendant's counsel also stated that it was my client Wang Li who took the bank's money to the hospital to pay the relevant expenses, and on this basis determined my client Wang Li's subjective intent, however how can it be proven that this money belongs to the bank?"
Su Bai's counterquestion directly left Li Mo stunned, what did this statement mean?
What did it mean to ask how the bank's money could be proven to belong to the bank?
This question was somewhat outrageous.
Not only Li Mo was stunned, but many members attending the hearing at the trial scene also found it difficult to understand, could such a question even be raised?
That was truly remarkable.
Even the audience watching the live broadcast of the trial were stunned for several seconds.
'Hahaha, what does this mean, asking the bank to prove that the bank's money belongs to the bank, this lawyer really has some ability, impressive!'
'This lawsuit has already moved in a direction that I cannot understand, I feel that my mind is already confused, is this lawsuit not about Wang Li, should the focus not be on reducing Wang Li's sentence, was the bank not the attacking party, why is the lawyer for Wang Li's side now so aggressive?'
'I am not sure, but this lawsuit feels extremely interesting, is this not more exciting than Boruto?"'
'It feels satisfying to watch, I do not fully understand it, later I will listen to how Teacher Luo explains it!"'
In the courtroom.
Su Bai's incisive question directly rendered Li Mo silent, and for a moment he could not determine what Su Bai was thinking.
From the perspective of questioning, Su Bai's question indeed had no problem whatsoever.
However from the perspective of facts, if the robbers took money from the bank, could it possibly not belong to the bank but instead fall from the sky?
Meanwhile Li Xuezhen looked at Su Bai thoughtfully, as if she had understood something.
'Bang bang bang!'
Yu Caixia struck the gavel and calmly looked toward Su Bai: "Does the statement of the plaintiff's counsel have evidentiary or legal basis to support it?"
"Yes, Presiding Judge."
Su Bai took out a piece of evidentiary material from the first instance case file.
"Presiding Judge, this is evidentiary material submitted by the prosecution during the first instance."
"According to the evidence submitted by the public prosecution, the internal situation of the bank at that time was chaotic, and the robbers not only robbed the money inside the bank but also robbed customers who were conducting withdrawal transactions at the bank and mixed the money together into burlap sacks, and according to surveillance footage the robber who handed the money to Wang Li casually took two bundles of cash from inside the burlap sack."
"These two bundles of cash cannot be distinguished as having been taken from the bank or from customers who had already withdrawn money and were preparing to leave, so how can the bank prove that this money belongs to the bank?"
"If this cannot be verified, then the bank cannot determine that my client participated in the robbery of the bank, the money was indeed obtained through robbery but it was not obtained through robbery conducted by my client, the robber handed the money to my client and at most my client constitutes unjust enrichment, therefore I request that Nandu Bank prove that this money belongs to the bank."
Everyone present: ?????
Could it actually be argued in this way?
Yu Caixia frowned slightly, and although she had served as presiding judge for many years and adjudicated hundreds of cases, and this Wang Li robbery case had enormous social impact such that the president of the court assigned her as presiding judge, she was still encountering for the first time a case with such a tortuous process and such unusual questions being raised.
However everything remained within the procedural scope of the court, and Yu Caixia did not display any significant emotional bias as she looked toward the bank's side.
"Does the bank have any evidence to refute the question raised by the plaintiff's counsel or any objection based on legal provisions?"
At this moment Li Mo was almost furious beyond measure.
Since when did a bank need to prove that the bank's money belongs to the bank?